Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

Environmental / Energy Law › International Law

Cases of Conflict: Transboundary Disputes and the Development of International Environmental Law

By Allen L Springer
University of Toronto Press April 2016

Specifications

ISBN-13
9781442635180
Publisher
University of Toronto Press
Publication
April 2016
Format
Hardback
Jurisdiction
Canada ? Countri(es) for reference only
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Details

Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law-both its content and its relevance become clearer in times of controversy-but conflict can also help shape the law.

Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict focuses on six transboundary disputes to demonstrate how they have influenced the development of international environmental law and policy.

Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.

Table of Contents

Preface
1. Introduction
Architectural Engineers
Transboundary Environmental Disputes
The Argument
The Cases
An Overview
Endnotes
2. Trail Smelter and Beyond: Evolving Regimes, Emerging Principles
Historical Perspective
The Trail Smelter Legacy
Evolving Regimes
The Stockholm Conference on the Human Environment
Stockholm to Rio
Rio and Beyond
Emerging Principles
State Responsibility/Liability
Mitigating Risk
Common Heritage
Common but Differentiated Responsibilities
Polluter Pays Principle
Precautionary Principle
Sustainable Development
The Broader Setting
Endnotes
3. Indonesian Haze
Introduction
The Context
The Dispute
Legal Issue: State Environmental Responsibility
The Resolution
Post-Dispute Developments
Analysis
Endnotes
4. Baia Mare Cyanide Spill
Introduction
The Context
The Dispute
Legal Issue: Liability and Compensation
The Resolution
Post-Dispute Developments
Analysis
Endnotes
5. MOX at Sellafield
Introduction
The Context
The Dispute
Legal Issue: Regulating Risk
The Resolution
Post-Dispute Developments
Analysis
Endnotes
6. Turbot War
Introduction
The Context
The Dispute
Legal Issue: Unilateral State Action
The Resolution
Post-Dispute Developments
Analysis
Endnotes
7. Voyage of the Clemenceau
Introduction
The Context
The Dispute
Legal Issue: Regime Complexity
The Resolution
Post-Dispute Developments
Analysis
Endnotes
8. Uruguayan Pulp Mills
Introduction
The Context
The Dispute
Legal Issue: International Adjudication
The Resolution
Post-Dispute Developments
Analysis
Endnotes
9. Conclusions
Introduction
Transboundary Environmental Disputes
Law Shapes the Dispute
Disputes Shape the Law
Law from Conflict
Bibliography
Index.
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